Chapter
414
AN ACT
SB 801
Relating to domestic relations restraining orders; creating new provisions; and amending ORS 107.085.
Be It Enacted by the People of the State of
Oregon:
SECTION 1. Sections 2 and 3 of this 2003 Act are added to and made a part of ORS 107.095 to 107.174.
SECTION 2. (1)
After a petition for marital annulment, separation or dissolution is filed and
upon service of summons and petition upon the respondent as provided in ORCP 7,
a restraining order is in effect against the petitioner and the respondent
until a final decree or judgment is issued, until the petition for marital
annulment, separation or dissolution is dismissed, or until further order of
the court.
(2)
The restraining order issued under this section shall restrain the petitioner
and respondent from:
(a)
Canceling, modifying, terminating or allowing to lapse for nonpayment of
premiums any policy of health insurance, homeowner or renter insurance or
automobile insurance that one party maintains to provide coverage for the other
party or a minor child of the parties, or any life insurance policy that names
either of the parties or a minor child of the parties as a beneficiary.
(b)
Changing beneficiaries or covered parties under any policy of health insurance,
homeowner or renter insurance or automobile insurance that one party maintains
to provide coverage for the other party or a minor child of the parties, or any
life insurance policy.
(c)(A)
Transferring, encumbering, concealing or disposing of property in which the
other party has an interest, in any manner, without written consent of the
other party or an order of the court, except in the usual course of business or
for necessities of life.
(B)
This paragraph does not apply to payment by either party of:
(i)
Attorney fees in the existing action;
(ii)
Real estate and income taxes;
(iii)
Mental health therapy expenses for either party or a minor child of the
parties; or
(iv) Expenses necessary to provide for the safety and
welfare of a party or a minor child of the parties.
(d)(A)
Making extraordinary expenditures without providing written notice and an
accounting of the extraordinary expenditures to the other party.
(B)
This paragraph does not apply to payment by either party of expenses necessary
to provide for the safety and welfare of a party or a minor child of the
parties.
(3)
Either party restrained under this section may apply to the court for further
temporary orders, including modification or revocation of the restraining order
issued under this section.
(4)
The restraining order issued under this section shall also include a notice
that either party may request a hearing on the restraining order by filing a
request for hearing with the court.
(5)
A copy of the restraining order issued under this section shall be attached to
the summons.
(6)
A party who violates a term of a restraining order issued under this section is
not subject to:
(a)
Criminal prosecution based on the violation; or
(b) Imposition of punitive sanctions under ORS 33.065 based on the violation.
SECTION 3. (1)
Forms shall be established by court rule for:
(a)
The restraining order issued under section 2 of this 2003 Act; and
(b)
The request for hearing under section 2 of this 2003 Act.
(2) The forms established under subsection (1) of this section must include the terms of the restraining order described in section 2 of this 2003 Act.
SECTION 4. ORS 107.085 is amended to read:
107.085. (1) A suit for marital annulment, dissolution or separation shall be entitled: “IN THE MATTER OF THE MARRIAGE OF (names of parties): PETITION FOR (ultimate relief sought).” The moving party shall be designated as the “Petitioner” and the other party the “Respondent.” Nothing in this section shall preclude both parties from acting as “Copetitioners.”
(2) The petition shall state the following:
(a) The names, social security numbers, if known, and dates of birth of all of the children born or adopted during the marriage, and a reference to and expected date of birth of any children conceived during the marriage but not yet born;
(b) The names, social security numbers, if known, and dates of birth of all children born to the parties prior to the marriage; [and]
(c) To the extent known, whether there
is pending in this or any other state a domestic relations suit, as defined in
ORS 107.510, or any type of support proceeding involving dependents of the same
marriage, including one brought under ORS 108.110, 416.400 to 416.470 or this
section; and
(d) That the petitioner acknowledges that by filing the petition the petitioner is bound by the terms of the restraining order issued under section 2 of this 2003 Act.
(3) At or prior to the hearing of a suit for marital annulment, dissolution or separation, the moving party or the party attending the hearing shall file with the court a written statement setting forth the full names and any former names of the parties, the residence, mailing or contact addresses of the parties, the ages of both parties, their wage earner social security account numbers, the date and place of the marriage of the parties, and the names and ages of the children born to or adopted by the parties. This information shall be incorporated in and made a part of the decree.
(4) If real property is involved, the petitioner may have a notice of pendency of the action recorded at the time the petition is filed, as provided in ORS 93.740.
Approved by the Governor June 17, 2003
Filed in the office of Secretary of State June 18, 2003
Effective date January 1, 2004
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